Monday, February 10, 2014

Michigan Supremes Uphold Medical Marijuana, Strike Local Ban

The Michigan Supreme Court last week unanimously upheld Michigan's medical marijuana law, and struck a Michigan town's ordinance that purported to apply the federal Controlled Substances Act against it, in a two-step, federal-state-local preemption ruling.  The net result: Michigan's medical marijuana law stays on the books exactly as is, and the City of Wyoming's ordinance against it is struck.  And of course: Michigan medical marijuana users could still be prosecuted by federal authorities under the Controlled Substances Act. 

The case, Ter Beek v. City of Wyoming, involved a challenge to Wyoming's ordinance that was adopted to allow city authorities to enforce the federal Controlled Substances Act (the "CSA") against Michigan's medical marijuana law.  Wyoming's ordinance read:

Uses not expressly permitted under this article are prohibited in all districts.  Uses that are contrary to federal law, state law or local ordinance are prohibited.

That last sentence would ban marijuana that violates the CSA in the city.

But a city resident challenged it as preempted by the Michigan medical marijuana law under the Michigan Constitution.  The city argued in reply that Michigan's medical marijuana law was itself preempted--by the CSA under the federal Constitution.

The court ruled first that the CSA did not preempt the Michigan medical marijuana law.  The reason is simple: nothing in the Michigan law prohibits federal enforcement of the CSA.  There's no conflict preemption and no obstacle preemption.  Moreover, the CSA "explicitly contemplates a role for the States" in regulating medical marijuana.

The court held next that the Michigan medical marijuana law did preempt Wyoming's ordinance.  Again, the reason is simple: the ordinance, by allowing enforcement of the terms of the CSA by local officials, conflicts with the Michigan law.  The Michigan Constitution says that the City's "power to adopt resolutions and ordinances relating to its municipal concerns" is "subject to the constitution and the law."  Art. 7, Sec. 22.  That means that local laws can't conflict with state laws.  And the court said that Wyoming's did.

http://lawprofessors.typepad.com/conlaw/2014/02/michigan-supremes-uphold-medical-marijuana-strike-local-ban.html

Cases and Case Materials, Comparative Constitutionalism, Federalism, News, Opinion Analysis, Preemption, State Constitutional Law | Permalink

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